Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Rights of light definition

What does Rights of light mean? In practice, a right of light protects a building’s ability to receive natural light through identified windows, and can restrict neighbouring development that would materially reduce that light. In England and Wales and in Northern Ireland it is an easement. It is commonly acquired by prescription (typically after 20 years’ uninterrupted enjoyment) under the Prescription Act 1832 (and equivalent NI legislation), or by express or implied grant or reservation. The scope is defined by case law, which protects only “sufficient light for ordinary beneficial use”; assessment is technical (for example, daylight/sunlight or Waldram analysis). Remedies include injunctions or damages in lieu....

Overriding easements and restrictive covenants for development: using Housing and Planning Act 2016 section 203 (England and Wales)—conditions, procedure and compensation

Published by a LexisNexis Planning expert

Practice notes

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Introduction

Section 203 of the Housing and Planning Act 2016 (HPA 2016) grants Authority to override easements and other rights benefitting neighbouring land where this is connected with development. HPA 2016, s 203 commenced on 13 July 2016 and superseded and extended the former powers in section 237 of the Town and Country Planning Act 1990 (TCPA 1990). The provision applies across England and Wales. HPA 2016, s 203 (and previously TCPA 1990, s 237) has been invoked on prominent schemes to address Rights of light and comparable easements or Restrictive covenants that might otherwise halt progress. In practice, when a particular development programme is jeopardised because agreement cannot be reached to release specified rights, developers have sought Local authority intervention, asking it to use its powers to appropriate or acquire the development site (or a portion of it), thereby activating the statutory power in HPA 2016, s 203...

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Web page updated on 21/05/2026

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